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February 1, 2008
Federal appeals court OK's Atlantic Yards
The court agreed with an earlier ruling that said seizure of property to develop the $4 billion project falls under eminent domain.
CrainsNewYork.com
by Tommy Fernandez
Forest City Ratner’s controversial $4 billion Atlantic Yards project won another major legal battle Friday when a federal court rejected a lawsuit challenging the constitutionality of the state’s use of eminent domain for the site.
The 2nd U.S. Circuit Court of Appeals agreed with a lower court judge in Brooklyn who had ruled that the seizure under eminent domain would not be unconstitutional. The suit, filed in October 2006 by property owners and tenants facing eviction, had sought to block the seizures and also sought unspecified damages.
“For affected property owners, monetary compensation may understandably seem an imperfect substitute for the hardships of dislocation and the loss of a home or business,” wrote the appeals court. “But federal judges may not intervene in such matters simply on the basis of our sympathies. Just as eminent domain has its costs, it has its benefits.”
Posted by eric at February 1, 2008 3:15 PM